Study On Procedure Of Government Procurement

Establishing the government procurement system is very important problem that modern rule of law focus on. It is especially essential to use the strict administrative procedure to rule the government procurement behavior, create a transparent, open environment of procurement and repress the low efficiency and corruption in it. The act of government procurement is one kind of civil behavior that different from common administrative behaviors. It was studying by multi-sciences in multi-means. Using the theory of Tiskalische Verwaltung, science of administrative law found its own research position in the source to public benefits of government procurement and the worry about contract freedom from law. The act of government procurement consist of administrative auxiliary act for realizing the need of public affairs and administrative private act for realizing the public benefits. The special nature of government procurement directly influence the characteristic of procedure that they must obey. One hand, the procedure regard the discretions in procurement as rule object and strictly limit the contract freedom that joined member enjoyed. The principle of open and fair permeated in every part of procedure. Another hand, the procurement procedure have to reflect the civil content of procurement act. The control from administrative procedure must be limited and rational. In the same time, the procedure design and value object are also different from common administrative procedure. Now, procedures that provided by the law of government procurement are still abstracted and in need of more maneuverability. Especially there are many loopholes of law in the procedure of getting around, qualification reviewing, invite bids and bids, contact signing and implementing. So we should positively borrow the successful legislation experience oversea, absorb their reasonable parts of procurement procedure. Finally, use them to promote the advanced development of procedure system of...